John Browne (Wexford, Fianna Fail)

Deputy Broughan proposes in amendment No. 5 that when the commission grants licences, it must recognise the existing and historic rights of tenure of current long-standing operators in Lough Foyle. I understand that existing operators do not have any legal right to operate in any particular area. It is important to bear in mind that as the Lough Foyle area is a public fishery, individuals cannot have exclusive rights. This situation will change when this legislation is enacted, as aquaculture activities in the area will be licensed. Individual licence holders will have exclusive rights in the licensed area to cultivate that area. The ownership of any fish that is farmed will be vested in the licensees.

The aquaculture implementation plan for Lough Foyle sets out how the agency proposes to regulate aquaculture activities in that area. The plan provides that consideration be given to applicants' history, commitment and experience in the aquaculture sector, including previous financial investment. The circumstances in the Foyle area are different to the circumstances that pertained in the Wexford area prior to the licensing of aquaculture activities there, as there are some special areas of conservation in the Foyle area, as well as wild mussels and oyster fisheries. The agency will conduct a strategic environmental assessment, followed by an environmental impact assessment or an appropriate assessment under Article 6 of the habitats directive. The assessments will enable the agency to determine which areas are suitable for aquaculture. They will identify sites that are unsuitable, or protected under environmental legislation. Consequently, some operations may not be permitted to continue in their present location. The details of the suitable sites and protected areas will not be available until the studies have been completed. In the circumstances, having seriously considered the views of the Deputies, it is not possible to incorporate an amendment of this nature. However, following the Wexford analogy there will be full consultation. The various studies will be published for consideration by interested parties.

I will now speak about amendment No. 11. Section 53 of the 1952 Act provides that aquaculture licences shall define the position and limits of the licence area. Current licences in Carlingford Lough are covered by section 53B, which provides that when the Bill is enacted, these licences will be treated as if they were granted under this legislation. A similar provision is contained in the draft Northern Ireland order for licences issued by the Northern Ireland authorities in respect of Carlingford Lough. The Bill also provides that the Loughs Agency will be empowered to vary licences in the public interest, and where appropriate at the request of the applicant. In such circumstances, this amendment is not required because the Bill does not affect the provisions of existing licences. Moreover, the amendment would not be compatible with the need to ensure that the Loughs Agency has the necessary discretion to act in the public interest if required.

On an issue that was raised by Deputy Perry, the environmental studies will facilitate the designation of wild oyster and mussel fisheries, as well as areas suitable for aquaculture and special areas of conservation.

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